Seven former CIA directors have sent a letter to President Obama, urging him to overturn Attorney General Eric Holder's decision to appoint a torture prosecutor.
Holder's decision, they wrote "creates an atmosphere of continuous jeopardy for those whose cases the Department of Justice had previously declined to prosecute." they added that the probe "will seriously damage the willingness of many other intelligence officers to take risks to protect the country."
The seven former directors are Michael Hayden, Porter Goss, George Tenet, John Deutch, James Woolsey, William Webster and James Schlesinger. One former director whose name isn't on the letter: George H. W. Bush.
Obama has said that the decision should be made by the Justice Department.
Spencer Ackerman of the Washington Independent notes an apparent factual error in the letter. The ex-directors write:
Not only will some members of the intelligence community be subjected to costly financial and other burdens from what amounts to endless criminal investigations, but this approach will seriously damage the willingness of many other intelligence officers to take risks to protect the country.
But the 2005 Detainee Treatment Act ensured that the government will pick up the tab for any government employee under investigation for detainee abuse. And the CIA has confirmed that it will pay the legal expenses of any of the agents who are prosecuted.
It's perhaps not surprising that former CIA directors believe the CIA should be above the law. And also that the Justice Department disagrees.
Late Update: The ACLU's Jameel Jaffer has called the ex-director's letter "self-serving." In a statement, Jaffer said:
Attorney General Holder initiated a criminal investigation because the available evidence shows that prisoners were abused and tortured in CIA custody. The suggestion that President Obama should order Attorney General Holder to abort the investigation betrays a misunderstanding of the role of the attorney general as well as the relationship between the attorney general and the president. Where there is evidence of criminal conduct, the attorney general has not just the authority but the duty to investigate. The attorney general is the people's lawyer, not the president's lawyer, and it would be profoundly inappropriate for President Obama to interfere with his work.The attorney general's investigation should be allowed to proceed without interference, and it certainly should not be derailed by the self-serving protests of former CIA officials who oversaw the very crimes that are being investigated. If there is a problem with the unfolding criminal investigation, it is that its focus is too narrow. There is abundant evidence that torture was authorized at the highest levels of the Bush administration, and the Justice Department's investigation should be broad enough to encompass Bush administration lawyers and senior officials - including the CIA officials - who authorized torture.
Late Late Update: Via Spencer, a response from the Justice Department:
The Attorney General works closely with the men and the women of intelligence community to keep the American people safe and he does not believe their commitment to conduct that important work will waver in any way.Given the recommendation from the Office of Professional Responsibility as well as other available information, he believed the appropriate course of action was to ask John Durham to conduct a preliminary review. That review will be narrowly-focused and will be conducted by a career prosecutor who has shown an ability to handle cases involving classified information. Durham has not been appointed as a special prosecutor; he will be supervised by senior managers at the Department.
The Attorney General's decision to order a preliminary review into this matter was made in line with his duty to examine the facts and to follow the law. As he has made clear, the Department of Justice will not prosecute anyone who acted in good faith and within the scope of the legal guidance given by the Office of Legal Counsel regarding the interrogation of detainees.

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tiowally
September 18, 2009 5:52 PM
May as well shut 'er down. After all, it's like the hooded guy standing on the box in the crucifixion pose with the electrodes attached to his fingers (and many, many others) will tell ya: "The United States doesn't torture."
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Bushie
September 18, 2009 6:25 PM
So three of these guys, Tenet, Goss and Hayden, were involved either in approving, authorizing, having knowledge or standing around with their thumb in their ass while we tortured and killed the guilty and the innocent indiscriminately. Woolsey has turned (?) into a nut job. Woolsey and the rest of them feed off the intelligence community and Government as so many fly's feed off shit. Best to keep their masters happy so they can feed from the trough. I'm so glad they want no consequences for their actions.
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phelicity
September 18, 2009 6:40 PM
It never goes away. Shortly before leaving office, GHW Bush pardoned Weinberger, McFarlane and four others linked to Iran-Contra. That basically closed the book on Independent Council Walsh's investigation into Iran-Contra. Walsh considered Bush to be a subject of the investigation.
Boiled down, Bush pardoned himself.
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thrutheseasons
September 20, 2009 3:16 PM in reply to phelicity
This should not be allowed to happen. Clinton did nothing to investigate Iran Contra like when he was governor and was told about Mena. He had to be in on it.
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jagriff1
September 20, 2009 5:15 PM in reply to thrutheseasons
You should have that head trauma looked at. You sound like you may have sustained some brain damage. Mena. Sheesh.
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Michael Lafferty
September 18, 2009 6:42 PM
Does no one else find it fascinating that the signature of former President George H W Bush—who served for slightly less than a year as Director of Central Intelligence under President Gerald Ford and, was recalled from his post as Ambassador to China to implement changes at the scandal-rocked agency and deal with abuses and failures which occurred during the tenure of former director William Colby—is missing from this document?
So, of course, are the signatures of the deceased William Colby and William Casey, and that of Robert Gates, presently serving as Secretary of Defense, as well as that of Admiral Stansfield Turner, the lone 'Democrat' amongst the former directors of the last twenty-five years.
As a former Army intelligence officer with some familiarity with the Agency and with other elements of the intelligence community, I concur that the letter is self-serving and a rather poor attempt to deflect individual responsibilities among the signatories for their failure to curb abuses and adequately manage the Agency under their respective tenures.
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thrutheseasons
September 20, 2009 3:18 PM in reply to Michael Lafferty
They are trying not to go to jail, pure and simple. They are showing that they are standing together and that they still have influence. They are saying don't go against us or there will be consequences.
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mcc
September 18, 2009 6:53 PM
Does Obama even have the ability to shut down such an investigation?
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CranialRectalLoopback
September 18, 2009 11:00 PM in reply to mcc
The AG is supposed to be independent, so I would say no.
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sashimi
September 20, 2009 9:04 AM in reply to CranialRectalLoopback
you might think they'd understand what AG is.
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jagriff1
September 20, 2009 5:20 PM in reply to CranialRectalLoopback
Well, let's consider this from their perspective. Nixon fired Archibad Cox and forced Elliot Richardson's "resignation". In their minds, all it takes is a little Presidential backbone and a willingness to violate the basic Constitutional underpinnings of our democracy. I think it's fairly obvious that none of these guys has any respect for Constitution to begin with, so of course they believe that Obama can just "shut down" the investigation.
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mac2151
September 18, 2009 9:53 PM
How come Regis Philbin didn't sign that letter?
Oh, never mind. That was the other millionaire show.
On the Regis show, you actually had to answer questions to get the money.
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hawaiian
September 18, 2009 10:18 PM
This AG cannot find fraud in Medecare, wont open an investigation, not interested. Could it be his freinds are the preps of this scame?
But the guys that are keep us save, they are expendable.
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CranialRectalLoopback
September 18, 2009 10:59 PM in reply to hawaiian
Stoopid is as stoopid sounds.
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Matt Jones
September 20, 2009 12:26 AM in reply to hawaiian
Good to see that a teabagger's managed to get enough drool off their keyboard to attempt to communicate in English. "Attempt" being a key word.
Either that, or he's trying to avoid a communications intercept by spelling grade-school words wrong. You never know...
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jagriff1
September 20, 2009 5:23 PM in reply to hawaiian
I agree, let's track down the real preps of this scame! That way we can assure the guys who keep us save that they aren't expendable.
I just hate it when preps try to scame me.
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johnnydoughey
September 18, 2009 10:37 PM
Folks with ethics will have no problem excelling in an organization where those who torture and promote torture are prosecuted. What WILL happen also is that those human beings who thrive when degrading, torturing, and threatening innocent and guilty people alike will most likely have a difficult time remaining in their jobs.
Anyone believing we need sadists in these jobs is just plain wrong. This is only necessary when dictators and military societies desire complete tyranny... not when a democracy, freedom and equality are wanted...
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stevelaudig
September 19, 2009 3:27 AM
Perhaps we should let the Europeans prosecute these guys. Then they can raise the Nuremberg defense in a town near Nuremberg. They have shamed themselves by countenancing coverup and criminal behavior.
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JohnW1141
September 19, 2009 9:55 AM
If I'm right, 5 of the 7 served in strictly republican Administrations, the other two served under Clinton, the neo con Woolsey and (Slam Dunk under Clinton/Bush)Tenet.
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we r all husseins
September 19, 2009 11:01 AM
I'm not surprised that 3 of the signatories served under George W Bush. That should tell Holder to proceed forward "with extreme prejudice" .
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Mooser
September 19, 2009 11:13 AM
It's too late. Obama made his bed, when he decided that the way the Bush administration handled, well, just about everything, was an acceptable, legal way to do it. And it will bite him in the ass in a way health care never could.
Obama is covering the backs of everyone who will put a knife into his. What's worse, Obama has validated the Bush administration aproach to starting, funding and continuing a war.
Like the military and CIA will accomplish things for Obama that they wouldn't do for Bush, who they adored, and gave them everything they wanted?
Obama will end up taking the entire blame for everything Bush and his cronies did. He's a chump.
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JohnW1141
September 19, 2009 11:19 AM in reply to Mooser
Mooser,
I'm as disappointed in Obama as you are, and his adopting the Bush/Cheney gang tactics in the frikkin war on terror are infuriating me. He shows absolutely no leadership.
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Voter
September 20, 2009 6:27 PM in reply to Mooser
Obama has been in office for less than 9 months, give him a break! The CIA did not get that way over night and it will not be fixed overnight. And as for biting him in the ass, Obama has sent a little time in the streets, he knows how to cover his. And if nothing else, there is always Rahm Emanuel. Do you think he is stupid?
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Johann
September 21, 2009 6:47 AM in reply to Voter
GWB was in office less than nine months when 9/11 happened. Are you going to blame 9/11 on the Clinton Administration like every Republican wants to do.
At what point of changing nothing does Obama gain ownership of Bush's policies.
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oleeb
September 19, 2009 2:35 PM
What a surprise! All the former law breaking spy agency leaders are opposed to looking behind the curtain to see what kind of war crimes were committed! The most preposterous thing about all this is that they are sqwauking over an investigation so timid as to not even exist. Yet, they are so off the wall defensive and scared that the truth about the Central Thug Agency might become public once again that they are having a hissy fit. Well, fuck em! How does it make any sense whatsoever for our security agencies to be beyond the law? What, after all, is the purpose of passing laws that outlaw things like torture and prisoner abuse if we don't apply them when violations occur? Investigate and let the chips fall where they may. It is remarkable what a bunch of whiners the spooks are isn't it?
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AJM
September 19, 2009 2:47 PM
Given the outcome of the risks the CIA officials took when they decided to engage in torture under another name, it is highly desirable that the willingness of future CIA agents to engage in such actions ostensibly in the name of America be limited.
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trblmkr
September 19, 2009 3:26 PM
I don't think a President has tried to prevent a DoJ investigation since Nixon and that was a Constitutional crisis that almost involved the military. These guys signed this letter because they're scared Durham will have to 'follow the facts' of the case.
Fuck Tenet, he can stuff his Medal of Freedom right up his ass, fuck Hayden, and ESPECIALLY fuck Goss who's lucky he's not in jail (Duke Cunningham et al).
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Eyepublius
September 19, 2009 7:50 PM
Back off and forget that the laws, several laws and treaties that we are subject to as laws, that were broken in favor of secret memos intended to circumvent those laws? I can't believe my ears.
As a retired Marine and former Interrogator for 10 years while in the Corps and later for 2 years with DOD overseas, I am ashamed that we even call ourselves "a law and justice country..." This is shameful - even to request such bakcpeddling.
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hawaiian
September 19, 2009 9:54 PM
Me and my man Eick are tied at the hip, When I say jump he says," How High, Boss ".
But I am grateful for his freinds like Marc Rich and Carlos Vignali, who cares about the ex-cia guys.
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Matt Jones
September 20, 2009 12:21 AM
Note that this is nearly exactly the same "this will make us less secure" whining that took place the LAST time they started turning over rocks at CIA - see http://en.wikipedia.org/wiki/Church_Committee for details.
Also note the massive, widespread criminality that was discovered in THAT probe. Any bets on what a serious, in-depth investigation would show NOW?
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phelicity
September 20, 2009 12:19 PM
It was out here a few years ago that the CIA (operatives etc.) had gotten its lawyers to draw up and get signed documents that would basically cover (their) asses if and when they carried out the orders from above (Cheney etal.)
Apparently it didn't work? Maybe not only does the CIA engage in illegal and basically nefarious deeds, they don't even have enough smarts to get their asses sufficiently covered. And our security is in their hands?
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synchronicity
September 20, 2009 3:20 PM
The AG is not doing enough to investigate and these dopes want the president to tell him to back off.
Um... even though the corrupt Bush administration basically told the DOJ what to do... THAT is NOT the way things are supposed to work in the Executive Branch.
The AG while appointed by the president is an independent office charged with upholding the laws of the United States... NOT following orders from the president.
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thrutheseasons
September 20, 2009 3:26 PM
These old boys network CIA directors think their agency should be absolutely 100% above the law. What was supposed to be a purely intelligence gathering agency of the gov. has become the play ground of the privileged. Their crimes range from selling and laundering drugs such as in the Allen Stanford case, illegal wars, assassination, mass killings, etc.
They control our media and have taken to taking control of corporations and banks where they make their members CEOs. The Time Warner CNN merger was meant to oust Ted Turner so they could silence all the independent voices in the media. William K. Black says that the Wall St. collapse could not have happened without mass corruption. I proffer that the CIA's corruption of taking over corporations and banks had a lot to do with Wall St.'s collapse.
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raiatean
September 21, 2009 1:33 AM
Perhaps that pot that was boiling on the range in the kitchen of the CIA is about ready to become an out and out conflaguration. Lets hope that the whole building burns down with all the chefs inside. Along with the untouchables who organized this clusterf**k. Don't you think after we did in Germans, Japanese and others for torture way back when, we should have to play by the same rules? I sure do, I am one of those who believes in The Geneva Convention and if you broke the law, you are a criminal period. Also Hawaiian, what is with the white face sign? I have managed to read your posts without barfing, just barely, and you may live in Hawaii, but you sure as hell aren't any Hawaiian I know. I am not familiar with any racist bigots who are Hawaiian or even part Hawaiian.. No One Should Be Above The Law... But in the "New and improved" United States of Stupidity perhaps Stupid will win out..... We can only hope that clearer heads will prevail...
Just this old Chief's 2 cents!
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